Elie International, Inc. v. Macy's West Inc.

*443Order, Supreme Court, New York County (Ellen M. Coin, J.), entered May 18, 2012, which granted defendants’ motion to dismiss the amended verified complaint asserting causes of action for breach of contract and account stated as time-barred, unanimously affirmed, with costs.

Plaintiff seeks to recover amounts allegedly due pursuant to a consignment agreement. However, plaintiff’s May 18, 2011 customer statement indicates that the balance which it claims is due from defendant relates to three payments allegedly not made for goods sold prior to February 15, 2003. In contract actions, a claim…